Symetra Life Insurance Company et al v. Rapid Settlements LTD

Filing 406

ORDER entered DENYING 405 Opposed MOTION to Strike 404 Reply in Support of Motion . The parties are ordered to refrain from further filings on this issue without seeking leave of court.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SYMETRA LIFE INSURANCE CO., et al.,
Plaintiffs,
NATIONAL ASSOCIATION OF
SETTLEMENT PURCHASERS,
Intervenor,
VS.
RAPID SETTLEMENTS, LTD.,
Defendant.

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CIVIL ACTION NO. H-05-3167
CIVIL ACTION NO. H-06-2933

ORDER DENYING MOTION TO STRIKE
Rapid has moved to strike Symetra’s reply in support of its motion for attorney’s fees and
expenses and the accompanying affidavit of its counsel, Jeff Lefkowitz. (Docket Entry No. 405).
Symetra’s reply and the affidavit respond to the arguments Rapid raised in its response, (Docket
Entry No. 403). Rapid’s motion to strike is denied. Rapid may, however, file a five-page surreply
responding to Symetra’s reply by June 29, 2015. See Thomas v. Willie G’s Post Oak, Inc., No. H04-4479, 2006 WL 1117959, at *2 (S.D. Tex. Apr. 26, 2006) (denying the plaintiff’s motion to strike
“certain evidentiary attachments that were filed with [the defendants’] reply” because “the additional
submissions [were] responsive in nature and therefore [were] appropriately presented in a reply
brief” and the plaintiff “had time to and in fact did respond to the additional evidence submitted by”
the defendants).
Apart from the surreply discussed above, the parties are ordered to refrain from further

filings on this issue without seeking leave of court.
SIGNED on June 23, 2015, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge

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